Federal judge sides against Jewish students who sued UPenn over antisemitism

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A federal judge has thrown out a lawsuit against the University of Pennsylvania that claimed the school was complicit in several antisemitic incidents that created a hostile environment for Jewish students, following an attack on Israel by Hamas on October 7, 2023.

The lawsuit was filed by Jewish students at the university and included a detailed 111-page amended complaint. Chief Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania stated that the complaint contained various general allegations, complaints, historical and current events, as well as instances of alleged antisemitism not only on the university’s campus but also elsewhere in the U.S. and worldwide.

In his ruling, Judge Goldberg mentioned that the amended complaint made broad allegations related to ideologies, philosophies, religions, and political matters that were not relevant to a federal lawsuit. After reviewing the complaint, he concluded that it did not provide enough factual basis to support viable claims under Title VI, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and for breach of contract.

“While Plaintiffs spend an inordinate amount of space expounding on long-past injustices and incidents, some dating as far back as 1993, and complaining that Penn did not take the actions or respond to their reports, letters, or emails in the manner which Plaintiffs wanted, Plaintiffs have failed to plead any facts showing either intentional discrimination or deliberate indifference on the part of Penn,” Goldberg continued. 

Protest at campus of University of Pennsylvania

An encampment was set up on the grounds of the University of Pennsylvania in April 2024. (Matthew Hatcher/AFP via Getty Images)

However, Goldberg also said that Penn has submitted “documentary evidence showing it has long had policies in place opposing antisemitism in all its forms on its campus,” which also “allegedly establish that since October 7, Penn has developed action plans to address and ‘combat’ antisemitism and the expression of religious and racial hatred on its campus, and has increased its security measures to ensure the safety and wellbeing of its Jewish students.” 

“Deliberate indifference is a very high bar and Plaintiffs’ dissatisfaction with Penn’s responses is not enough to establish there was an official decision by Penn to not remedy a Title VI violation and that this deliberate indifference effectively caused racial discrimination,” Goldberg ruled. 

Students and faculty of Drexel University and University of Pennsylvania march in Philadelphia

Students and faculty of Drexel University and University of Pennsylvania march from City Hall to the University of Pennsylvania campus where they erected an encampment against the war in Gaza on April 25, 2024.  (Matthew Hatcher/AFP via Getty Images)

“I will, however, provide Plaintiffs one last opportunity to amend its complaint, but only as to the Title VI and breach of contract claims,” he also said. 

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